New temporary residence permits for intra-corporate transfers

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The Polish parliament is considering draft legislation:

• Introducing  a new temporary residence permit for intra-corporate transfers involving the employment of third-country nationals (individuals from a country that is not a member of the Union);
• Providing for an intra-EU mobility scheme which allows the holders of a valid intra-corporate transferee permit issued by an EU Member State to stay and work in Poland (short-term and long-term mobility).

Why now?

The draft legislation transposes the provisions of a 2014 EU Directive (2014/66/EU) relating to the entry and residence of third-country nationals in the framework of intra-corporate transfers (“ICT”).  

Who can take advantage of the new temporary residence permit?

The new permit is intended for third-country managers, specialists and trainee employees employed within the same group of undertakings. To qualify for an ICT permit, a third-country national will have to meet certain conditions, including:

• the necessity to possess professional qualifications and experience needed in the host entity to which the third-country national is to be transferred as manager or specialist (in the case of a trainee employee, a university degree is required);
• the third-country national must be employed within the same undertaking or group of undertakings for a period of at least 12 months (for at least 6 months in the case of trainee employees) immediately preceding the date of the intra-corporate transfer.

How long does the temporary ICT residence permit last?

The ICT permit for managers and specialists will be issued for the period of 3 years, and for trainee employees for the maximum period of one year.

What is the application procedure?

The host entity will be able to submit an application for the ICT permit for a given third-country national.   

First come first served?

Possibly. The legislation provides the possibility to establish limits on the number of ICT permits that may be granted to third-country nationals in a given calendar year on certain bases, including by types of activity or profession,  allowing ICT visa holders from other EU countries to work in Poland.

Third-country nationals who hold a valid intra-corporate transferee permit issued by an EU Member State will be entitled to stay in Poland and work in an entity belonging to the same undertaking or group of undertakings for a period of up to 90 days in any 180-day period (short-term mobility).  Notification is required to the Head of the Office for Foreigners in Poland by the host entity in the first Member State about the intention of the intra-corporate transferee to work in an entity established in Poland. 

Third-country nationals will also be entitled to obtain a new temporary residence permit for long-term mobility if an intra-corporate transferee would work beyond 90 days, provided the third-country national meets a number of additional specified conditions.

Further information 

The link below (Polish language only) allows you to track the legislative process of the Act:

http://www.sejm.gov.pl/sejm8.nsf/PrzebiegProc.xsp?nr=1780 

For further information or to discuss any of the issues raised, please contact Roch Pałubicki (roch.palubicki@skslegal.pl) on +48 61 856 0414.